The fate of Malalane attorney Zietta Janse van Rensburg still hangs in the balance after the urgent application launched in the Mpumalanga High Court by the Legal Practice Council (LPC) of South Africa, was postponed until today.

It followed the recusal of Judge Brian Mashile, who told the court that he was a witness to the case.

The LPC brought the application after Janse van Rensburg continued practising as an attorney even though she was suspended in April and her leave to appeal her suspension a few weeks later was not granted.

On May 21, Janse van Rensburg represented a client – in an unrelated matter to her suspension – in front Mashile who had initially suspended her.

A few minutes into the trial, after acknowledging that he knew her and questioning her on her appearance and robing, Mashile said: “I have nothing to say to you; I don’t see you,” and continued with the court proceeding.

After this appearance, the LPC said: “She is currently holding out under the pretence and misrepresentation that she is a practising legal practitioner. Section 93 of the Legal Practice Act (LPA) 28 of 2014 is clear on such conduct, that ‘any person who is in contravention of Section 33 of the LPA is committing an offence and is liable to a fine or imprisonment’.”

Yesterday’s proceedings started with Mashile questioning the late filing of Janse van Rensburg’s documents for the day’s proceedings.

She then informed the court she had filed an application for recusal against Mashile, but attorney Thembeka Ratshibvumo, representing the LPC, told the court the application was not properly issued as it did not display the registrar’s stamp, nor was it properly signed.

Mashile questioned Janse van Rensburg and asked: “Why do you do this? You are an attorney? Why don’t you submit your papers properly?”

She replied that she was pressed for time.

The judge then said: “No, I’m not buying it,” and moved on to say that with reference to the LPC’s urgent application, he believed he had become a witness in the case as the incident [Janse van Rensburg defying her suspension] happened in his court.

He made it clear that he was not responding to her purported application, which in any case did not meet the standards, but to the incident during the previous appearance, when he told her that ‘he didn’t recognise her’.

Acting Judge Henk Roelofse will preside over the case that will continue today.

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